llA

ENVIROMENTAL PROTECTION AND MANAGEMENT(Law No. 32/ 2009, dated October 3, 2009)
BYGRACE OFGODTHEAlMIGKTY

government and regional government, induding

THEPRESIDENTOFTHE REPUBlICOFINDONESIA,in the field of environmental protection and management;

Considering:d. that the decreasing environmental quality hasa. that a proper and healthy environment consti-

threatened the continuation of life of human andtutes a human right of every Indonesian citizen

other creatures so that all stakeholders need toas mandated in Article 28 of the Constitution ofprotect and manage the environment seriously

1945;

and consistentlYi

b. that national economic development as man-e. that since the rising global warming has caused

dated by the Constitution of 1945 is executed

climate change thus worsening the environmen-

on the basis of sustainable and environmentally-tal quality, environmental protection and man-sound development principles;

agement are needed;c. that the regional economic spirit in the execu-

f. that in order to better guarantee legal certainty

tion of pUblic administration of the Unitary Stateand protect right of everybody to obtain a properof the Republic of Indonesia has brought about

and healthy environment as part of the exten-

change!: in relations and authority between thesive environmental protection, it's necessary to

BusinessNews 7933-7934/3-24-2010

renew........

12A
renew Law No. 23/1997 on Environmental Man-

3. Sustainable Developmet shall be conscious andintegrated efforts integrating environmental,

agement;
g. that based on the considerations as referred tosocial and economic aspects into a development

letters a, b, c, d, e and f, it's necessary to enact

strategy to assure the totality of environmenta law on environmental protection and manage-

as well as safety, capabiUty, welfare and living

ment;

standards of the present and futu,l1lgenerations.
4. Environmental PrOtection and Management Plan

In view of:Artide 20, Article 21, Article 28H paragraphhereinafter abbreviated to RPPLH shall be writ-(1), as well as Article 33 paragraph (3) and para-ten planning containing environmental poten-

graph (4) of the Constitution of 1945;

tials, issues as well as protection and management in a specified period.

By Joint Approval of

5. Ecosytem shall be an order of environment com-

THE HOUSE OFREPRESENTATIVESOF

ponents constituting a comprehensive and mu-

nfEREPUBUCOFINDONESIA

tually influencing totality in forming environmen-Andll£PRESlDENTOFTHEREPUBUCOFINDONESIA

tal equilibrium, stability and productivity.
6. Conservation of Environmental Fundionsshall·
be a series of efforts to preserve the continua-

DECIDES:tion of the support and carrying capabiUties ofthe environment.
7. Support capacity of the Environment shall be the

To stipulate :THElAWON ENVIRONMENTAl.PROTECTIONAHDMAN-

capabiUty of the environment to support liveli-

AGEMENT.

hood of human, other creatures and equiUbrium
between the both.
CHAPTERI

8. carrying CapabiUty of the Environment shall be

GENERALPROVIS1ON

the capability ofthe environment to absorb sub-

Article 1

stances, energies and/or other components

Referred to in this law as:

coming or inserted therein.

1. Environment shall be a totality of space with all

9. Natural Resources shall be environmental ele-materials, resources, situations and creatures,

ments consisting of biological and non-biologi-

induding human and theirs behavior that influ-

cal resources Wholly forming a totality of eco-encethe nature, continuation of livelihood andsystem.

human welfare as well as other creatures.

10. strategic Environmental Assessment hereinaf-

2. Environmental Protection and Managementshallter abbreviated to KLHSshall be a series of sys-

be systematic and integrated efforts to pre-tematic, comprehensive and participatory analy-

serve the functions of the environment and pre-ses to ascertan that the principles of sustain-

ventenvironmental pollution and/or destruction,

able development have become a basis and been

which cover planning, utilization, control,

integrated into the development of a region and/perservation, supervision and lawenforcement.

or policy, plan and/or program.

BusinessNews 7933-7934/3-24-2010

11. Environmental.........

13A
11. Environmental Impact Analysis hereinafter .

18. Natural ResourceConservation shall be the man-called Amdal shall be a study on substantial im-agement of natural resources to assure wise

pacts of a planned business and/or activity inutilization and the continuation of their avail-the enVironment, which is needed for making

ability by preserving and enhancing the quality

decision on the operation of business and/or

ofvaue as well as biodiversity thereof.

activity.

19. Climate Change shall be climate change attrib-

12. Environmental Managementand Monitoring Pro-

uted directly or indirectly by human activities

grams hereinafter called UKL-UPL shall be thethus changing composition 01 atmapshere gIG-management and monitoring ofbusinesses and!

bally,lJesides change in variability ofnaturah:li-or actiVities not having sUbstantial impacts on

mate oIaserved in a comparablepel'iod.

the enVironment, which are needed for making
decision on the operation of businesses and/or
activities.

20. Waste" be remainders of a b:'

and/.

activity.

21. Hazarduo_arlllToxic Materials herein..... alt-

13. Quality Standard of the Environment shall be

lJreviated 10 83 shall be substances, _rgiies

indicator of limit or content of creature, sub-",/or other mmponents which lIlay pollute

stances, energies or components whidTexist or"'/or destrlill/ dired:Iy or indrectly the envl-

must exist and/or pollutants having existence

ranment arwl/or endanger the environment.

thereof tolerable in a specified resourceas en-

health as weD as continuation of life of humanvironmental substance.

and other aeatures because of their charac-

14. Environmental Pollution sha.betlleincoming orteristics, concentration and/or quantity.

inclusion of creature, substances..energiesand/

22. Waste of Hazarduous and Toxic Materials here-or other components into tile eIJ!IIironment byinafter called Waste of 83 shall be remainders

human activities so as to I!)j(ceed the stipulam Jof a business and/or activity containing 83.

environmental quality standard.

23. 83 Waste Management shall be an activity

15. Standard Criteria for Emlironmental Destruction

covering the reduction, storage, collection,

shall be Iimitsofd.....l.n physical, d1emicalatrd/

transportation, utilization, treatment and/oror biological dlilledEi I istics of the environment

filling.

with are toIarabIe .... t ,he environment so as tobe able to pr es!lwe.

5 functions.

24. Dumping shall be an activity to dump, place andl
or insert Waste and/or materials ill a !opedfied

16. Environmental DeslJ uction shall be human ac-

quantity, CIIIlCeI.tration, time and location bytions changing dIre ctIy or indirectly physical,

certain requirements into a sl,1l!dfied emrinIn-

chemical and/or biD .Iogicalcharacteristics ofthe

mental media.

environment so as to exceed the standard
erieria for environm'ental destruction.
17. Environmental Damage shall be a direct and/or
indirect change in physical, chemical and/ QI' blo-

25. Environmental Dispute shall be a dispute between two parties, Which arises from an activity potential to affect and/or already affecting
the environment.

logical characteristics ofthe environment. which

26. Environmental Impact shan be influence on theexceeds the standard aleria for environmental

environment, which is attributable to a businessdamage.

and/or activity.

BusinessNews 7933-7934/3-24-2010

27. Environmental•••••

14A

27. Environmental Organization shall be a group of

and management as pre-requsite for securingorganized people and established on the basisof their own will, having goal and activity re-business and/or activity permit.

36. Businessand/or Activity Permit shall bea license

lated to the environment.

issued by a technical institution to undertake a

28. Environmental Audit shall be evaluation exeaJted

business and/or actiVity.

to judge the compliance of personnel in chargeof a business and/or activity to the legal re-

37. Central Government hereinafter called the gov-

quirements and policies stipulated by the gov-

ofIndonesia holding the executive power of theernment.

Republic oflndonesla as referred to in the COn-ernment shall be the President of the Republic

stitution of 1945.

29. Ecoregion shall be geographic areas sharing thesame characteristics of climate, land, water,

38. Regional Governments shall be governors, re-original flora and fauna as well as pattern ofgents or mayors and regional apparatuses asbuman interraction with the nil.l¥re, whichde-

regional administrators.

scribes Integrity of natural and .,vironme,ntal·39. "inister shali be the "inister in charge of environmental protection and management affairs.

systems.

30. Local Wisdom shall be noble value effective in
atAPT£Rnhuman life, which are intended to protect and

PRINaPI..E.GOALANDSCOPE

manage the environmental eternally.

31. Tracfltional Community shall be a group of com-

Part One

munities living traditionally in a specific geo-

Principle

graphic area because of binding in origin of an-

Article 2
Environmen~lprotection and management

cestor, strong relations with the environment
as weli as system of values determining eco-shall be executed on the basis of principles:lIomic, political, social and legal structures.

a. state responsibility;

32.. Everybody shall be individual or business entity

whether in the form of legal entity or not.

33. Environmental economic instrument shall be ab. conservation and sustainability;c. harmony and equilibrilll11;
d. integration;

set of economic policies to motivate the gov-

e. benefit;

ernment, regional government or everybody tof.

conserve the functions of the environment.

g. justice;

34. ~ Threat shall be a threat having exten-

prudence;

h. ecoregion;.slve Impact on the environment and causingLbiological diversity;

public unrest.

j.

polluter pays;

35. Environmental Permit shall be a license granted

k. participation;

to everybody undertaking businesses and/or
activities obliged to undergo Amdal or UKL-UPL

Lin the framework of environmental protection

n. regional autonomy.

Business News 7933-7934/3-24-2010

local wisdom;m good governance; andPartTwo.

PlIrtTwo

OfAPJERm

Gall

Pl.NNNG

Artlde3

Artlde 5

Environmental Protection and Management

Environmental PI otectIon and management
shall be planned through phases:

shall aim:
a. protecting the territory of the Unitary State of
the Republic of Indonesia from environmental
pollution and/or damage;a. environmental Inventorying;b. stipulating ecoregion; andCo formulating RPPLH.

b. assuring human safety, health and life;c. assuring the continuation of life of aeatures andPart One
Environmental Inventorying

ecosystem conservation;d. preserving the conservation of environmental
functions;(1) The environmental inventorying as referred toin Artide 5 letter a shall consist of environmen-

e. achieving environmental harmony, synchroniza-f.

Article 6

tal inventorying:tion and balance;a. In national level;

assuring the fulfillment of justice forthe present

bo.la Island/archipelago level; andand future generations;c. in ecoreglon level.

g. assuring the fulfillment and protection of rightto the environment as part of human rights;
h. controlling the utilization of natural resources(2) The environmental inventorying shall be done
to obtain data and Information abouur natural
resources, which cover:a. potential and availability;

wIIeIy;L realizing sustainable development; andb. utilized kinds;

j.

c. model of control;

antldpatlng global environmental issues.

d.flnowledge of management;
Part1'hfee
SCope

ArtIcle 4
Environmental Protection and Management
IhaHcolftlr:•• planning;

II. utilization;e. kind of damage; andf. conflict and cause of confict arising from the
management.

Part Two
StIpulation of Ecoreglon
Article 7(1) The environmental inventorying as I eferred tocontrol;

In Article 6 paragraph (1) letter a and letter bd. preservation;

shall become a basis In the stipulation ofe. IUf*'Vlslon; andecoregion and be done by the Minister afterCo,.

'IW Inforalment.

BlIII_News7933-7934/3-24-2010

coordinating with related institutions.
(2}The........

16A(2) The ecoregion as retened to in paragraph (1)(4) The regental/munldpal RPPLH as referred to In

shall be stipulated by taking into account simi-

paragraph (1) letter c shall be formulated on

Iarityof:

the basis of:a. chactareristic of landscape;a. Provincial RPPI.Jf;

b. river basin area;b. inventorying at the Island/archipelago level;
andc.dimate;
d. flora and fauna;c. inventorying at the emreglon level.

e. socio culture;

Artldel0f.economy;g. community institution; andh. result of environmental inventorying.

(1) RPPLH as refened to in ArtIcle 9 shall be formu-

lated by the Minister, governors or regents/
mayors by virtue of their authority.

ArticleS
The environmenfinventorying in theemregion level as retened to in Artide 6 paragraph(1) letterc shall aim at determining the suppo':tandcarrying capabilities as well as reserve50f natwal

resources.

(2) The formulation of RPPLH as referred to In para-graph (1) shall take into account:a. diversity of ecological characteristics andfunctions;b. distribution of population;c. distribution of natural resource potentials;

d. locaIwlsdom;e. aspitionsof communities; andf. dimate change.
Part Three
Formulation of Environmental Protection
and Management
Article 9(1) RPPllt as retened to in ArtIcle 5 letter c shallconsist of:a. National RPPI.Jf;
b. Provincial RPPLH; andc. Regental/Municipal RPPllt.
(2) The National RPPUi as referred to in paragraph(1) letter a shall be formulated on the basis ofnational inventorying.

(3) The provincial RPPLH as referred to in paragraph(1) letter b shall be formulated on the basis of:a. National RPPUi; .
b. inventorying at the island/archipelago level;
andc. inventorying atthe ecoregion level.
BusinessNews 7933-7934/3-24-2010(3) RPPllt shall be governed by:a. a government regulation In the case of national RPPIJt;
b. a provincial regulation In the case of provincial RPPIJt; andc. a regental/municipal regulaton In the caseof regental/municipal RPPLH.

(4) RPPLH shall contain infonnation about:a. utilization and/or reservation of natural re-sources;b. preservation and protection of the environmental quality and/or function;c. control, monitoring as well asexploitation andpreservation of natural resources; andd. adaptation and mitigation of climate change.

(5) RPPLH shall become a basis for the formulation
and be written down In a long-term develop-

ment plan and medium-term developmentp1ln,

Article 11""""

17A
Article 11environment as referred to in paragraph (3)Further provision on the environmental in-shall be governed by a government regulation.

ventorying as referred to in Article 6, stipulation of
ecoregion as referred to in Article 7 and Article 8,

CHAPTERV

as well as RPPLHas referred to in Article 9 and Ar-

alNTROl

ticle 10 shall be governed in a government regula-Part Onetion.

General

Article 13
CHAPRRIV(1) Environmental pollution and/ordamage shall be

umJZA1ION

controlled in the framework of preserving the

Article 12(1) Natural resources shall be utilized on the basis

environmental functions.
(2) The control over the environmental pollution

and/ordamage as referred to in paragraph (1)ofRPPLH.

shall cover:(2) If RPPLH as referred to in paragraph (1) has

not been formulated, natural resources shall bea. prevention;utilized on the basis of the support and carry-b. mitigation; andc. restoration.

ing capabilities of the environment by regarding:(3) The control over enVironmental pollution andlor damage as referred to in paragraph (1) shalla. the continuation of environmental process

be done by the government, regional govern-

and function;

ments and personnel in charge of businessesb. the continuation of environmental productiv-

and lor activities on the basis of theirrespec-

ity; andtive scopes of authority, role, and responsibil-c. safety, living standard and welfare of com-munities.

ity.

(3) The support and carrying capabilities of the en-

vironment as referred to in paragraph (2) shallPart Twobe stipulated by:Prevention
Article 14a. the Minister, in the case of the support andcarrying capabilities of national and insular1
archipelagic environment;b. governors in the case of the support and car-

Preventing instruments of environmental
pollution and/or damage shall consist of:a. KLHS;rying capabilities of provincial environmentb. layout;

and inter-regency/clty ecoregion; orc. quality standard of the environment;c. regents/mayors in the case of the support

d. standard criteria for environmental damage;and carrying capabilities of regental/municl-

e. Amdal;pal environment and ecoregion in a regency 1

f.

city.

g. licensing;(4) Further provision on procedures for stipulating the support and carrying capabilities of theBusiness News 7933-7934/3-24-2010

UKL-lJPL;h. economic instrument of the environment;l,environment-based legislation;
j. environment.........

18A
j.

environment-based budget;a. the capability ofthe environment to support andk. environmental risk analysis;Lenvironmental audit; andm. other instruments in accordance with the need
and/or developments of science.

carry development;b. estimated environmental impacts and risks;c. performance of service/ecosystem service;d. efficiency in the utilization of natural resources;
e. vulnerability and capacity of adaptation to cli-Paragraph 1
Strategic Environmental Assessment

mate change; andf.

security and potential of biological diversity.

Artide15(1) Thegovemment and regional governments shall

Article 17

be obliged to make KLHS to ascertain that the(1) Results of KLHS as referred to in Article 15

principles of sustainable development have be-paragraph (3) shall become a basis for devel-

come a basis of and been integrated into theopment policies, plans and/or programs in adevelopment of a region and/or policy, plan and/region.
(2) In the case of the results of KLHS as referred toor program.
(2) The government and regional government shallin paragraph (1) certifying that the support andbe obliged to implement KLHS as referred to incarrying capabilities have been excessive,

paragraph (1) in the formulation or evaluationa. the development policies, plans, and/or pro-of:grams shall be improVed in accordance witha. spatial plan (RTRW) along with detailed plan

recommendation of KLHS; andthereof, national, provincial and regental/mu-

b. all businesses and/or activities already sur-

nicipallong-term development plan (RPJP),

passing the support and carrying capabilities

and medium term development plan; andof the environment shall not be permitted

b. policies, plans and/or programs potential toanymore.

cause environmenta impacts and/or risks.
Article 18(3) KLHS shall be executed by mechanism of:a. assessment of influence of policies, plans(1) KLHS as referred to in Article 15 paragraph (1)and/or programs against the environmental

shall be executed by involving communities andcondition in a region;

stakeholders.

b. formulation of alternatives for the improve-(2) Further provision on procedures for the imple-

mentofpolicies, plans and/or programs; andmentation of KLHS shall be governed in a gov-

recommendation about improvement forernment regulation.

Co

making decision on policies, plans and/or pr0grams integrating the principles of sustainable development.

Paragraph 2
LayoutArticle 19

Article 16

KlHS shall contain assessment of, among
others:BusinessNews 7933- 7934/3-24-2010(1) In order to preserve the conservation of environmental functions and public safety, every
spatial plan shall be based on KLHS.

(21 The.........

19A(2) The spatial planning as refeJTed to in paragraph(2) Standard criteria for environment damage shall(1) shall be stipulated by observing the support

include standard criteria for ecosystem damage

and carrying capabilities of the environment.

and standard criteria for damage attributed todimatedtange.

Paragraph 3
Quality Standard of Environment
Artide20(1) Environmental pollution shall be measured
through the quality standard of the environment.
(2) The quality standard of the environment shall

Include:a. quality standard of water;b. quality standard of waste water;
Co quality standard of sea water;(3) Kriteria baku kerusakan ekosistem meliputi:

a. standard criteria for soil damage for biomass production;b. standard criteria for damage of coral reef;c. standard criteria for environmental damage
related to forest and/or land fire;d. standard criteria for manggrove damage;e. standard criteria for lawn;
f. standard criteria for peat damage;d. quality standard of ambient air;g. standard criteria for karst area; and/or

e. quality standard ofemission;h. standard criteria for other ecosystem dam-f. quality standard of nuisance; andage in accordance with developments of sci-g. other quality standards in accordance withence and technology.

developments of science and technology.
(3) Everybody shall be permitted to dispose waste(4)Standard criteria for damamage attributed toclimate change shall be based on parameters,

into environmental media with the requirements:

among others:a. complying with the quality standard of thea. increase in temperature;environment; andb. securing license from the Minister, governors

or regents/mayors by virtue oftheir authority.
(4) Further provision on the quality standard of theenvironment as referred to in paragraph (2) letter a, letter c, letter d, and letter g shall be regulated in a government regUlation.
(5) Further provision on the quality standard of theenvironment as referred to in paragraph (2) let-b. increase in sea water sUrface;c. typhoon; and/or
d.drought.
(5) Further provision on the standard criteria forthe environmental damage as referred to inparagraph (3) and paragraph (4) shall be regulated by on the basis of a government regulation.

ter b, letter e, and letter f shall be govemed in
Paragraph 5

a regulation of the Minister.

Amdal
Paragraph 4

Artlde22

standard Criteria for Environmental Damage(1) Every business and/or activity having substan-

Artlde21(1) Criteria for environmental damage shall be stipulated to determine the occurrence of environmental damage.

Business News 7933-7934/3-24-2010

tial impact on the environment shall be obliged

to have Amdal.
(2) The substantial impact shall be stipulated on thebasis of criteria:

20Aa. the quantity of population to be affected byparagraph (1) shall be governed by a regulation of the Minister.

the business and/or activity plan;b. the size of diSbibutfon area of impact;
Co intensity and duration of Impact;

Artide24d. environmental components to be affected;

The document of as referred to In Article 22e. cumulative characteristic of impact;

shall constitute a basis for stipulating decision on

f. whether Impacts reverts or not; and/or

environmental feasibUIty.

g. other criteria In accordance with developArticle 25

ments of science and technology.

Amdal document shall contain:
Article 23

a. study on impact of business and/or activity plan;(I) Criteria for business and/or activity having sub-b. evaluation of activities around the location ofbusiness and/or activity plan;stantial impact shall be furnished with amdal
consisting of:c. public recommendation, Input as well as re-a. change in formation of land and landscape;sponse to business and/or activity plan;b. exploitation of natural resources, either re-d. estimate of the.coverage and important characteristic of the occuring impact if the businessnewable or non-renewable;
Co process and activity potential to cause envi-

and/or activity plan is/are executed;

ronmental pllution and/or damage as well ase. holistic evaluation of the occurring impact tosquandering and degradation of natural re-determine environmental feasibility orsources in the utilization;

unfeasibility; andd. process and activity having results potentialf.

environmenta management and monitoring plan.

to Influence the natural environment,
Article 26

artifician environment as well as socio andcultural environment;e. process and activity having result influencing the conservation of conservation area of
natural resOurces and/or protection of cultural reserves;
f. introduction of plants, animals and micro-or-

ganism;g. production and utilization of biological andnon-biological substances;h. activity which Is highly risky and/or Influence
state defense; and/or

L application of technology predicted to havegreat potential to influence the environment.

(Z) further proVision on businesses and/or activities obliged to have amdal as referred to in
Business News 7933-7934/3-24-2010(1) The amdal document as referred to in Article 22
shall be formulated by initiators by involving
Q)IIlmunities.
(2) The involvement of communities shall be basedon principle of provision of information transparently and completely as well as shall be notified prior to the execution of the activity.
(3) The communities as referred to in paragraph (1)shall include:a. the affected communities;
b. environmental activists; and/or
Co parties affected by all kinds of decision in

amdal process.
(4) The communities as referred to in paragraph (I)may raise objection to the amdal document.
Article 27........

21A

Artide27
In formulating amdal document, the initiators as referred to in Artide 26 paragraph (ll may

seek assistance from other parties.
Artide28(1) Formulators of amdal as referred to in Article
26 paragraph (ll and Article 27 shall have eertiftcateof competenc:eofamdal formulator.
(2) Criteria for securing the certificate of competenceofamdal formulator as I eferred to in paragraph (1) shall indude:a. mastery of amdal formulation methodology;
b. capability of scoping, predicting and evaluating impact as well as making decision; andCo

capabilityoffonnulatingenvironmental management and monitoring plan.

(3) The certificate of competence of Amdal formulator as referred to in paragraph (1) shall be
issued by amdal fonnuIator certification insti-

tute stipulated by the Minister in accordance

Article 30(1) Members ofthe Amdal apparaisal commiSSion as
referred to in Article 29 shall consist of representatives of:a. environmental institution;b. related technical institutions;
Co experts in the field of knowledge related tokinds of the assessed business and/or activity;d. experts in the field of knowledge related to
impacts, which arise from the assesses business and/or activity;
e. communities potential to affect; andf. environmental organization.
(2) In executing the task, the Amdal appraisal commission shall be assisted by a technical teamconsisting of independent experts undertaking
technical assessment and secretariat established for the purpose.
(3) The independent experts and secretariat as referred to in paragraph (3) shall be stipulated by
the Minister, governors or regents/mayors by
virtue of their authority.

withthe provision ofleglslation.
(4)·Further provision on certification and aiteria forcompetence of amdal formulators shall be regulated by a regulation of the Minister.
Artide29(1) Amdal document shall be judged by amdal appraisal commission estabflshed bythe Minister,
governors or regents/mayors by virtue of theirauthOrity.

(2) 11le amdal appraisal commiSSIonshall secure license from the Minister, governors or regents/

mayors by Virtue of their authority.
(3) Requirements and procedures for the licensing
as referred to in paragraph (2) shall be regulated by a regulation of the Minister.

Business News 7933-7934/3-24-2010

Article 31
Based on result of judgment by the amdal
apparaisal commission, the Minister, governors orregents/mayors shall stipulate decision on environmental feaisbility or unfeasibility by virtue oftheirauthority.
Artide32(1) 11le government and regional governments shallhelp the formulation ofamdalfor businessesand/or activities of economically weak groups having substantial impact on the environment.
(2) The assistance provided for the formulation of
amdal as referred to In paragraph (1) shall be in
the form offadlitatlon, costs and/or formulationofamdal.

C31Crfteria......

22A(3) Criteria for businesses and/or activities of eco-Paragraph 7

nomically weak groups shall be regulated by leg-

Uoensing

islation.

Artide36(1) Every business and/or activity obliged to have

Artide33
Further provision on amdal as referred to in
Artide 22 up to Artide 32 shall be regulated in agovernment regulation.

amdal or UKL-UPL shall be obliged to have environmental permit.
(2)The environmental permit as referred to inparagraph (1) shall be issued on the basis ofdecision on environmental feasibility as re-Paragraph 6
UIQ.-uPL

Article 34

ferred to in Article 3j.or recommendation of
UKL-UPL(3) The environmental permit as I eferred to In para-(1) Every business and/or activity exduding fromgraph (1) shall be obliged to mention require-the aiteria for undertaking amdal compulsorily

ments contained in decision on environmental

as referred to in Article 23 paragraph (1) shallfeasibility or recommendation of UKL-UPL

beobllged to have UKL-UPL.
(2) Governors or regents/mayors shall stipulate
kinds of businesses and/or activities obliged to(4) The environmental permit shall be issued by the
Minister, governors or regents/mayors by virtue oftheir authority.

have UICL-lJPL
Artide37
Artide35(1) The Minister, governors or regents/mayors by(1) Businesses and/or activities not obliped to havevirtue of their authority shall be obliged to re-

UKL-UPL as referred to in Article 34 paragraphject application for environmental permit in the(2) shall be obliged to prepare statement ofcase of the application being not accompanied

readiness to manage and monitor the environ-by amdal or UKL-UPL

ment.
(2) The kinds of businesses and/or activities as re-(2) The environmental permit as referred to in Artide 36 paragraph (4) may be nullified in theferred to in paragraph (1) shall be stipulated on

event that:the basis of aiteria:

a. the requirements submitted in the app~­a. exduding from the category having substan-tion for environmental permit contain legal

tiallmpact as referred to in Article 23 para-

invalidity, mistake, misuse, as well as untruth

graph (1); andand/or falsified data, documents and/or in-b. miao- and small-scale business activities.

formation;(3) Further provision on UKL-UPL and statement ofb. the issuance thereoffails to abide by the re-readiness to manage and monitor environment

quirements mentioned in the decision of theshall be regulated by a regulation ofthe Minis-

commision on environmental feasibility or rec-ter.

ommendation ofUKL-UPL; orBusb as. News 7933-7934/3-24-2010

c. the "",...

23A
c. the obligations stipulated on document of

Paragraph 8

amdal or UKL-UPL are not executed by the

Economic Instrument of Environment

personnel In charge .of. businesses and/or

Article 42(1) Intheframeworkofpreservingtheenvironmen-

activities.

tal function, the government and reginal govArticle 38
Besides the provision as referred to in Article 37 paragraph (2), the environmental permit
may be nulli1ied through a decision ofthe state administration court.

ernments shall be obliged to develop economic
instruments of the environment.
(2) The economic instruments of the environment
as referred to in paragraph (1) shall include:a. planning of economic development and activities;
b. environmental funding; andArticle 39c. incentives and/or disincentives.

(1) The Hillister, governors or regents/mayors by
virtue of their authority shall be obliged to an-

Article 43

nounce every application and decision on envi-(1) The instrument of planning of economic devel-ronmental permit.
(2) The announcement as referred to in paragraph(1) shall be done by a method that the public
could understand easily.

opment and activities as referred to in Article
42 paragraph (2) letter a shall include:
a. balance of natural resources and environ-ment;
b. formulation of gross domestic product andArticle 40

regional gross domestic product covering the(1) The environmental permit shall constitute a re-depreciation of natural resources and envi-

quirement for securing business and/or activ-

ronmental damage;c. mechanism ofenvironmental compensation/

Itypermit.
(2) In the case of environmental permit being revoked, the business and/or activity permit shallexchange between regions; andd. internalization ofenvironmental costs.
(2) The instrument ofthe environmental funding as

be nUllified.
(3) In the case of any change In business and/or
activity, personnel in charge of the business
and/or activity shall be obliged to renew environmental permit.

referred to in Article 42 paragraph (2) letter bshallindude:a. guarantee funds of environmental restoration;b. funds of pollution and/or damage mitigationand environmental restoration; andArticle 41

FurtIIerprovision on the permit as referred
to In ArtIde 36 up to Article 40 shall be regulated in

agClVemment regulation.
Business News 7933-7934/3-24-2010

c. conselVation trust funds/ aids.
(3) The Incentives and/or disincentives as referred

to in Artlde 42 paragraph (2) letter c shall be

among otherapplied In the form of!
a. Procurement......

24A

a. procurement ofenvironmentally sound goods
and services;

Councils shall be obliged to allocate adequate

b. application of environmental tax, levy andsubsidy;Coregional govemments and Regional legislative
budget to finance:a. activities of environmental protection anddevelopment of environmentally sound tlnandal institution and capital market;

d. development of trading system of waste
and/or emission disposal permit;
e. development of environmental service payment system;

management; andb. environmentally-sound development programs.

(2) The government shall be obliged to allocate abudget of special environment allocation adequately to regions showing good environ-f. development of environmental insurance;

mental-protection and management perfor-

g. development of envionmentally sound label-mance.

ing system; andArticle 46

h. system of performance appreciation in thefield of environmental protection and man-agement.

Besides the provision as referred to in Article 45, in the framework of restoring the quality(4) Further provision on the economic instrumentsof environment already polluted and/or damagingof the environment as referred to in Article 42

when this law is stipUlated, the govemment andand Article 43 paragraph (1) up to paragraphregional govemment shall be obliged to allocate a(3) shall be regulated in a govemment regula-"budget to environmental restoration.

l:Ion.
Paragraph 11
Paragraph 9

Environmental Risk Analysis

Environment-based Legislation

Article 47

Article 44(1) Every business and/or activity potential to bring

The formulation of every regulation in theabout substantial impact Into the enVironment,

national and regjonallevels shall be obliged to 0b-

threat against ecosystem and life and/or hu-

serve the protection ofenvironmental functiOl\S andman health and safety shall be obliged to un-

prindples of environmental protection and manage-dergo environmental risk analysis.

ment in accordance with the provisions govemed(2) The environmental risk analysis as referred toin paragraph (1) shall inclUde:in this law.

a. risk assessment;
Paragraph 10
Environment-based Budget
Article 45(1) The govemment and the House of Representatives of the Republic of Indonesia aswell as

Business News 7933-7934/3-24-2010

b. risk management; and/or

c. risk communications.
(3) Further provision on the environmental risk
analysis shall be regulated in a government

regulation.
paragraph 12""",

Paragraph 12
Environmental Audit
Artlde48
11Iegovernment shall encourage personnel
In charge of busineses arid/or activities to undertake environmental audit in the frameowork of enhancing environmental perfonnance.

(3) Criteria for securing the environmental auditor
competence certificate as referred to in paragraph (2) shallindude capability of:a. understanding prindples, methodology andmechanism of environmental audit;b. executing environmental audit, which awers
planning, implementation, concluding and reporting; andArticle 49c. formulating recommendation about improve-(1) 11IeMinister shall require environmental audit

ment measures as follow to the environmen-

for:talaudit.

a. certain businesses and/or activities highly
risky to the environment; and/or
b. personnel in charge of businesses and/or activities showing disobedience to legislation.
(2) Personnel in charge of businesses and/or ac-(4) The environmental auditor competence certificate as referred to in paragraph (2) shall be
issued by the environment auditor certification
institute in accordance with the provisions oflegislation.

tivities shall be obliged to implement environmental audit.

Artide52(3) The.environmental audit of the certain highly

rl8ky activities shall be executed periodically.

Further provision on the environmental audit as I ererred to in Artlde 48 up to Article 51 shallbe governed by a regulation of the Minister.
Artide50(1) In the case of personnel in charge of businesses

Part Three

and/oractivities not executing the obligations

Mitigation

as referred to in Artide 49 paragraph (1), theMinister may implement or assign the independent third party to undertake environmental
audit at expense of the said personnel in chargeof businesses and/or activities.
(2) The Minister shall announce result of environ-

Artlde53(1) Everybody polluting and/or damaging the environment shall be. obliged to mitigate the environmental pollution and/ordamage.
(2) 11Ieenvironmental pollution and/or damage as
referred to In paragraph (1) shall be mitigatedmental audit.

by:Artide51(1) The environmental audit as referred to in AI'tide48 and Artide 49 shall be executed byenvironmental auditor.
(2) The environmental auditor as referred to in paragraph (1) shall be obliged to have certificate ofenvironmental auditor competence.
BusIness News 7933-7934/3-24-2010

a. providing information about the warning ofenvironmental pollution and/or damage forcommunities;
b. isolating environmental pollution and/or damage;Co discontinUing source of environmental poilu- .

tion and/or diJmagej and/or
d. other..""".

d. other methods in accordance with developments of science and technology.
(3) Further provision on procedures for mitigating

the environmental pollution and/or damage as(4) Further provision on the guarantee funds asreferred to in paragraph (1) up to paragraph(3) shall be regulated in a government regula-tion.

referred to in paragraph (1) shall be regulated
ArtIde56

in a government regulation.

Further provision on control over the envl·
Part Fourronmental pollution and/or damage as referred to

Restorationin Article 13 up to Article 55 shall be regulated in a

Artide54

government regulation.

(1) Everybody polluting and/or damaging the envi-

CHAPTERVI

ronment shall be obliged to restore the envi-

PRESERVAlION

ronmental function.
(2) The environmental function as referred to In

Artlde57

paragraph (1) shall be restored by phases:(1) Environmental preservation shall be done

a. discontinuation of source of pollution anddeaning of pollutant;a. conservation of natural resources;
b. reservation of natural resources; and/or

b. remedy;Cothrough efforts:c. conservation of atmosphere function.

rehabilitation;d. restoration; and/or
e. other methods in accordance with developments of science and technologi.
(3) Further provision on procedures for the resto-(2) The conservation of natural resources as. referred to in paragraph (1) letter a shall include
activities:
a. protection of natural resources;

ration of the environmental function as referredb. preservation of natural resources; andto in paragraph (2) shall be regulated In a gov-c. eternal utilization of natural resources.

ernment regulation.

(3) The reserved natural resources as referred to In
paragraph (1) letter b shall constitute natural

Article 55

resources not manageable in a specified period.

(1) Holders of the environmental permit as referred(4) The conservation of atmosphere function as

to In Artide 36 paragraph (1) shall be obliged toreferred to in paragraph (1) letter c shall In-

provide gaurantee funds for the restoration ofdude:

the environmental function.

a. mitigation and adaptation to climate change;(2) The guarantee funds shall be saved at statebanks appointed by the Minister, governors or.regents/mayors by virtue of their authority.

b. protection of ozone layer; andc. protection against acid rain.
(5) Further provision on conservation and reserva-(3) The Minister, governors or regents/mayors bytion of natural resources as well as conserva-

virtue of their authority may stipulate the third

tion of the atmosphere as referred to in para-

party to restore the environmental function bygraph (1) shall be regulated by a government

using guarantee funds.

regulation.

Business News 7933-7934/3-24-2010

QtAPIERVII.........

2711
CHAPTERYn

Part Three

MANAGEMENTOFHAZARDUOUSANDTOXICMATERIALS ASWElL ASWASTE OF

Dumpk1g

HAZARDUOUSANDTOXICMATERlALS
Part One
Management of Hazarduous and Toxic Materials
Artide58(1) Everybody importing Into the tenitory of the
Unitary state ofthe Republic ofIndonesia, produdng, canying, disbibuting, storing, utilizing,
disposing, processing and/or piling 83 shall beobliged to manage the said 83.

ArtIde60
Everybodyshall be prohibited from dumping
waste and/or materials into environmental media

without permit.
ArtIcle 61(1) The dumping as referred to in Article 60 may

only be executed by license from the Minister,
governors or regents/mayors by virtue of theirauthority.

(2) Further provision on the management of 83 as(2) The dumping as referred to in paragraph (1) may

referred to in paragraph (1) shall be regulated

only be done in the stipulated locations.
(3) Further provision on procedures and require-in a government regulation.
Part TwoManagement of Waste of Hazarduous
and Toxic Materials
Artlde59(1) Everybodyprodudng waste of 83 shall be obliged
to manage the produced waste of 83.
(2) In the case of 83 as referred to in Artide 58
paragraph (1) already expiring, the management
thereof shall bide by the provision on the management of waste of 83.
(3) In the case of the party being unable to manage direcfly waste of 83, the management
thereof may be entrusted to the other party.
(4) Management of 83 waste shall be obliged tosecure license from the Minister, governors orregents/mayors by virtue of their authority.
(5) The Minister, governors or regents/mayors byments for the dumping of waste or materials shallbe regulated in a government regulation.
CHAPTl:RVUIINFORMATIONSYSTEM
Artlde62(1) T1legovernment and regional governments shalldevelop environmental information system tosuport the implementation and development ofenvironmental pI:'Otection and managementpolides.
(2) The environmental information system shall be
prepared in an integrated and coordinative manner and shall be published to communities.
(3) The environmental information system shal contain information about the environmental sta-tus, map of environmental wlnerabl1ity and otherenvironmental Information.

virtue of their authority shall mention environ-(4) Furtherprovision on the environmentallnforma-mental requirements that shall be fulfilled andtion system shall be regulated by a regulationof the Minister.

obligations that shall be obeyed by managersof B3 waste in their license.
(6) T1lelicensing dedsion shall be announced.

CHAfJIER IX."".....

(7) Further provision on the management of 83(To be continued)

waste shall be regulated in a government regulation.

BusinessNewS7933-7934/3-24-2010-===( R )===-

15A

ENVIROMENTAL PROTECTION AND MANAGEMENT(law No. 32/ 2009, dated October 3,2009)[Continued from Business News No. 7933-7934 pages l1A-27A]

CHAPTER IXTASKANDAUTIiORITY OFTHEGOVERNMENTAND

REGIONALGOVERNMENTS
Article 63d. stipUlate and implement KlHS policies;e. stipulate and implement amdal and UKl-UPL
policies;
f. inventory national natural resources andgreen house gas;
(1) In protecting and managing the environment,
the government shall be assigned and authorized to:a. stipulate national policies;b. stipUlate norms, standards, procedures andcriteria;

c. mpulate and implementnationalRPPLH polices;
Business News 7936/3-29-2010

g. develop cooperation standards;
h. coordinate and implement control over environmental pollution and/or damage;i. stipulate and implement policies on biologicaland non-biological natural resources, biological diversity, genetic resources and biologi-

tal5ilfety of genetically engineered products;
i. stipulate.......

16A
j. stipulate and implement policies on control

u. manage national environmental information;over impacts of dimate change and protec-

v, coordinate, develop and socialize the utiliza-tion of ozone layer;
k. stipulate and implement policies on B3, waste
as well as B3 waste;

L stipulate and implement policies on maritime
environment protection policies;tion of environmentally sound technology; .
w. provide education, training, fostering andapperdation;

x. develop facilities and standards of environmental laboratory;

m. stipulate and implement policies protection

y. issue environmental license;

and/or damage of inter-state border envi-

z. stipulae emregion area; andronment;

aa. enforce environmental law.

n. foster and supervise the implementation of(2) In protecting and managing the environment,

national policies, regional regulations andprovincial governments shall be assigned andregulations of heads of regions;authorized to:

0. foster and supervise compliance of person-a. stipulate provincial policies;

nel in charge of businesses and/or activities

b. stipulate and implement provincial KLHS;

to the provisions of environmental licensingc. stipulate and implement provincial RPPLH poIi-

and legislation;
p. develop and stipulate environmental instru-

ments;
q, COOrdinate and facilitate cooperation andsettlement of inter-regional disputes as well
as settlement of disputes;r, develop and implement policies on the management of public complaints;

des;d. stipulate and implement amdal and UKL-UPL
policies;
e. inventory natural resources and green housegas emission in the provincial level;f. develop and implement cooperation and partnership;g. coordinate and implement control over inter-s, stipulate minimum service standards;

regency/city environmental pollution and/ort, stipulate policies on procedures for remg-

damage;nizing the existence of traditional communi-

h. foster and supervise the implementation ofties, local wisdom, and rights of traditional

regional policies, regulations and regula-communities with respects to enVironmental

tions of heads of regency/municipal gov-

protection and management;

ernmenm;Business News 7936/3-29-2010

i.foster......

17A
L foster and supervise compliance of person-(3) In protecting and managing the environment,

nel in charge of businesses and/or activities

regency/municipal governments shall be as-

to the provisions of environmental licensing

signed and authorized to:

and legislation;

a. stipulate regency/municipal policies;

j. develop and stipulate environmental instruments;

k. coordinate and facilitate cooperation andsettlement of inter-regency/City disputes aswell as settlement of disputes;

L foster, provide technical assistance and supenrise regencies/cities in the field of programs and activities;

m. implement minimum service standards;
n. stipulate policies on procedures for recognizing the existence of traditional communi-

b. stipUlate and implement regency/municipal

IO.HS;

c. stipulate and Implement regency/municipal
RPPlH policies;d. stipUlate and implement amdal and UKL-UPL
policies;
e. inventory natural resources and green housegas emission in the regency/ municipal level;f. develop and implement cooperation and part-nership;

g. develop and apply environmental. instrumentsj

ties, local wisdom, and rights of traditionalh. facilitate the settlement of disputes;
communities with respects to environmental
L foster and supervise compliance of person-

protection and management in the provln-

dalleveljo, manage environmental information in the provinciallevel;p. develop and socialize the utilization of environmentally sound technology;
q. provide education, training, fostering and appreciation;r, issue environmental license In the provincial

Ieveljands, enforce environmental law in the provincial
level.

Business News 7936/3~29-2010

nelln charge of businesses and/or activities

to the proVisions of environmental licensing
and legislation;
j. implement minimum service standards;
k. implement policies on procedures for recog-

nizing the existence of traditional communities, local wisdom, and rights of traditional
communities with respects to environmental
protection and management In the regency/
munidpallevel;

L manage environmental Information in there-

gerlCfI munidpallevel;m.deve!op......

18A
m develop and socialize the utilization of environmentally sound technology;n, provide education, trai~ ~n9 and ap-(4) Everybody shall reserve a right to participate
in the environmental protection and management in accordance with legislation.
(5) Everybody shall reserve a right to report the

preciation;o, issue environmental license in the regency1
munidpallevel; andp. enforce environmental law in the regency1

alleged consequences ofenvironmental polution
and/ordamage.
(6) Further provision on procedures for the reporting as referred to in paragraph (5) shall be gov-

munidpallevel.

erned bya regulation of the Minister.
Artide64
Article 66

The Minister shall implementand/orcoordinate the tasks and authority of the government as
referred to in Article 63 paragraph (1).

Everybody struggling for a right to properand healthy environment may not be charged withcriminal or dvll offense.

CHAPTERX
Part Two

RIGHT,OBUGAlIONANDPROHIBIlION
Obligation
Part One
Artide67

Right
Artide65(1) Everybody shall be entitled to proper andEverybody shall be obliged to preserve theenvironmental functions as well as control environmental pollution and/or damage.

healthy environment as part of human rights.
(2) Everybody shall be entitled to environmental
education, information access,participation access and justice access in fulfilling the right toproper and healthy environment.
(3) Everybody shall reserve a right to submit recommendation and/or objection against businesses and/or activities predicted to affect theenvironment.
Business News 7936/3-29-2010

Article 68
Everybody undertaking business and/or activity shall be obliged to:a. provide information related to environmental
protection and management truthfully, transparentlyand punctually;b. preserve the sustainability of environmental

funwonsi andc. abide......

19A
Co

abide by the provision on the quality standard

j. provide fake, misleading inforniation, disap-of environment and/or standard criteria forpear Information, destroy Information or pr0-

environmental damage.

vide untrue information.
{2} The provision as referred to In paragraph {1}Part Threeletter h shall take Into account seriously local

Prohibition

wisdom In the respective countries.

Artide69{1} Everybody shall be prohibited from:a. committing action causing environmental poI-

OfAPTERXI

PU8l.ICPARJICIPAlION
Article 70

lutionand/ordamage;b. importing 83 which is forbidden according to{1} Communities shall have the equal and broad

legislation into the territory of the Unitary

right and opportunity to participate actively inState of the RepUblic of Indonesia;

environmental protection and management.

c. importing waste from outside the territory(2) Public participation may be in the form of:of the Unitary State of the Republic of In-

a. social control;

donesia into environmental media of theb. suggestion, opinion, recommendation, objec-

Unitary State of the Republic of Indonesia;
d. importing 83 waste into the territory of the
Unitary State of the Republic of Indonesia;
e. dumping wate into environmental media;
f. dumping 83 and 83 waste into environmental media;tion, complaint; and/or
Co information and/or report.

(3) Public participation shall aim at:a. generating awareness in environmental protection and managementb. enhancing independene, capability ofcommunities and partnership;

g. releasing genetically engineered products

Co develop capability and pioneer of mmmunlties;

Into environmental media that contravened. develop emergency response ofcommunitles

environmental legislation or license;
h. opening land by means of burning;
L formulateamdal without having competence

certificate ofamdal fonnulatori and lor
Business News 7936/3-29-2010

to social control; ande. develop and preserve local CUlture and wisdom in the conservation of environmental

functions.

CHAPJ);Rj([J.......

20A

OtAPTERXD

having environmental permit issued by regional gov-

SUPERVISroNANDADMINISTRAllVESANC1ION

ernments if the governmentcfeems a serious viola-

Part Onetion In the field of environmental protection andSU~

I11l1IIlIgeII1e

Artlcl,71
Artide74(1) The Minister, ~vel11C!rsor nlGents/mllYors by
virtue of their authority shall supervise the com-

(1) The environmental supervisors as referred topliance of personnel in chargl! of businesses and/in Article 71 paragraph (3) shall be authorizedor activities to the provisions stipulated in environmental protection and manllgement legis-

to:a. Clllnduct monitoring;b. ask information;

lation.

(2) The Minister, governors or regents/mayors may
delegate the authority to conduct the supervi-c. make copies ofdocuments and/or necessary
notes;
d. enter certain places;sion to technical functionaries/institutions ine. take photograph;charge of environmental protection and manf. make audio-visual remrdsi

agement affairs.
g. take samplesi(3) In executing the supervision, the Minister, govh. check equipment;
ernors or regents/mayors shall stipulate environmental supervisors constituting functional

offidals.

L inspect installations and/or transporation fadlities; and/or

j. discontinue certain violations.

(2) In executing their tasks, the environmental suArtide72
The Minister, goYel11C!l"S or regents/mayors

pervisors may coordinate with civil servant investigators.

by virtue oftheir authority shall be ob/fged to supe....

(3) Personnel in charge of businesses and/or ac-

vise the compliance of personnel In charge of busi-

tivities shall be prohibited from preventing thenesses and/or activities to environmental pennit.

execution of tasks of the environmental supe....
visors.

Artide73
The Minister may supervisethe ClllI1_nceof

personnel in chirge of bu5inesses and/or ilCtiVities
Business News 7936/3-29-2010

Artide75
Furt:herpovisiononproceduresforappointinS

t:IJe......h.

21A
the environmental supervisors as well as technical

Article 79

directives for the supervision as referred to in Ar-

The administrative sanction in the form of

ticle 71 paragraph (3), Article 73, and Article 74

the freezing or revocation of environmental permit

shall be governed in a government regulation.

as referred to in Article 76 paragraph (2) letter cand letter d shall be imposed unless personnel inPart Two
Administrative sanction

charge of businesses and/or activities implement
the government's coerciveness.

Article 76(1) The Minister, governors or regents/mayor shall
impose administrative sanctions on personnel incharge of businesses and/or activities in thecase of environmental permit being violated.
(2) The administrative sanctions shall consist of:a. written warning;b. government coerciveness;

Article 80(1) The government's coerciveness as referred toin Article 76 paragraph (2) letter b shall be in
the form of:a. suspension of production actiVities;
b. removal of production facilities;c. closure of waste-water or emission disposalc. freezing of environmental permit; ortunnel;d. revocation of environmental permit.
d. breaking off;e. confiscatiOn of goods or equipment potential
Article 77
The Minister may apply administrative sanctions on personnel in charge of businesses and/or
activities if the government deems that regional
governments does not apply intentionally administrative sanctions on serious violation in the field ofenvironmental protection and management.

to cause violation;
f. suspension of the whole activities; org. other actions intended to discontinue violations and restoration of environmental functions.
(2) The governmenfs coerciveness may be imposed
without prior warning in the case of the com-

Article 78
The administrative sanctions as referred toin Article 76 shall not discharge personnel in chargeof businesses and/or activities from restoration andp@nal responsibility.
Business News 7936/3-29-2010

mitted violation causing:a. extremely serious threat to humans and theenvironment;b. greater and broader impact unless the pollution and/or destruction is terminated; and/or

c. greater.....

22A
c. greater loss on the environment unless the

CHAPTERXIII

pollution and/or destruction is terminated

SET11..EMENTOFENVIRONMENTALDlSPUTE

promptly.

Part One

General
Article 81

Article 84

Every personnel in charge of businesses
and/oractivities

notimplementing

the(1) Every environmental dispute may be settled
through the court or outside the court.

government's coerciveness shall be liable to fine(2) The mechanism of settlement of evironmental

against the lateness in implementing coercive sanc-dispute shall be chosen voluntarily by the par-tion imposed by the government.

ties in dispute.

(3) Lawsuit through the court may only be done if
Article 82

the out-of-court settlement of dispute is de-(1) The Minister, governors or regents/mayors

clared unsuccessful by any of or the parties inshall be authorized to force personnel in charge

dispute.

of businesses and/or activities to restore theenvironment attributed to environmental pol-Part Twolution and/or destruction committed by the

Out-of-Court settlement ofEnvironmental Dispute

relevant.

(2) The Minister, governors or regents/ mayors shall

Article 85

be authorized to appoint or may appoint the(1) Out-of-court settlement of environmental dis-third party to restore the environment attrib-

pute shall be executed to achieve an agreement

uted to environmental pollution and/or destruc-on:tion committed by personnel in charge of busi-

a. model and amount of compensation;nesses and/or activities at the expense of theb. restoration of consequences of pollution

said personnel in charge of businesses and/or
activities.

and/or destruction;c. certain measures to assure that the pollution and/or destruction won't repeat; and/

Article 83
Further provision on administrative sanctions shall be regulated in a government regulation.

Business News 7936/3-29-2010ord. preventive measures of negative impact on

the environment.
(2) Out-of-court.....

23A(2) Out-of-court settlement shall not apply to the(2) Everybody transferring, changing the natureenvironmental crime as governed in this law.

and model of business, and/or activity of a busi-(3) Mediators and/or arbitrators may be hired toness entity violating the law shall not discharge

settle environmental dispute in out-of-court

legal responsibility and/or obligation of thesettelement of environmental dispute.

busines entity.
(3) The court may stipulate the payment of coer-

Artide86

cive money for every day of lateness in the ex-(1) Commmunities may establish independent andecution of the court decision.
impartial institutes providing service for the(4) The amount of coercive money shal be decided
setlement of environmental dispute.
(2) The government and regional governments mayon the basis of legisation.

facilitate the establishment of the independent
Paragraph 2

and impartial institutes providng service for the

Strict Uability

settlement of environment dispute.

Article 88(3) Further provision the institute providing service
for the settlement of environmental dispute shallbe governed by a government regulation.

Everybody having action, business and/or
activiy using B3, producing and/or managing B3
waste and/or causing serious threat to the envi-

Part Threeronment shall be responsible absolutely for the in-settlement of Environmental Disputecurred losses without necessary to prove substancethrough Courtof mistake.

Paragraph 1
Compensation for Loss andParagraph 3

Environmental Restoration
Expiration of Lawsuit SUbmission
Article 87
Article 89(1) Every personnel in charge of businesses and/or activities committing legal violation in the formof environmental pollution and/or destruction
incurring losses on other people or the environ-(1) The expiration of lawsuit submission to the court
shall follow the deadline as governed in the provisions of Civil Code and be counted as from thement shall be obliged to pay compensation for

moment when the environmental pollution and/the losses and/or take certain measures.

or damage is/are ascertained.

Business News 7936/3-29-2010(2lThe.....

24A(2) The provision on the expiration shall not apply(2) Class action may be submitted in the case of

to environmental pollution and/or damage at-representatives of groups and members oftheir

tributed to businesses and/or activities usinggroups sharing the same fact or incident, legal

and/or managing B3 as well as producing B3

basis as well as kind of demand.

waste.

(3) Further provision on class action shall be implemented in accordance with legislation.
Paragraph 4

Litigating Right Government andParagraph 6

Regional Government

Litigating Right of Environmental Organization

Article 90

Article 92(1) Institutions of the government and regional(1) In the framework of executing responsibility forgovernments in charge of environmental affairs

environmental protection and management,

shall be authorized to file litigation forenvironmental organizations shall reserve a rightcompenstaion and certain measures against

to file lawsuit in the interest of environmental

businesses and/or activities causing environ-function conservation.

mental pollution and/or damage inflicting envi-(2) The right to file lawsuit shall be limited to theimplementation of certain measures withoutronmentalloss.
(2) Further provision on the environmental loss as
referred to in paragraph (1) shall be regulated
by a regulation of the Minister.

demand for compensation, except the real costor expenditure.
(3) Environmental organizations may file lawsuit if
the following requirements are fulfilled:

ParagraphSa. in the form of legal entity;

Litigating Right of Communities

b. affirming in their memorandum of association

Article 91

that the organizations are established in the(1) Communities shall reserve a right to file classinterest of environmental function conserva-

action for their own interest and/or public in-tion;andterest in the event that they suffer from losses

c. already executing concrete activities in ac-

attributable to environmental pollution and/or

cordance with their memorandum of associa-

damage.

tion for 2 (two) years at the minimum.

Business News 7936/3-29-2010

Paragraph 7......

25A

Paragraph 7

as the Investigators as referred to in the

Administrative Lawsuit

Criminal Code to investigative environmental

AJtide93(1) Everybody may file lawsuit against state-admin-aime.
(2) Civil servant inve~gators shall be authorized

istration decision in the event that:to:a. state administration agencies or officials is-a. examine the truth of reports or information

sue environmental permit to businesses and/related to crime in the field of environmental

or activities obliged to undergo amdal but notprotection and management;

acx:ompanied by amdal documents;
b. state administration agencies or officials Is-

sue environmental permit to activities obliged
to undergo UKL-UPL but not accompanied by
UKL-UPL documents; and/or

c. state administration agencies or officiaJs issue business and/or activity permit not ac-b. interroragate everybody allegedly committing crime in the field of environmental pr0tection and management;c. ask information and evidence from eveI"fbody
with respects to incident of crime in the f"leldof environmental protection and manage-

ment;

ClOmpanied by environmental permit.

d. audit bookkeeping, records and otherdocu-(2) Procedures for flUng lawsuit against the statements related to crime in the field of envi-

administration decision shall refer to the state
Administration COde.

ronmental protection and management;e. ClOnduct inspection in certain places allegedly
ClOntaining evidences, bookkeeping, records

CHAPTERXIV

and other documents;

INVESTIGAllONANDVERIFlCAllON

f. seize materials and goods resulting from thePart Oneviolation, which may be used as evidence inInvestigation

criminal case in the field of environmental

Article 94

protection and management;(1) Besides investigators of the Police of the Re-

g. seek assistance from specialists in the frame-

public of Indonesia, certain civil servant in-work of executing task of investigation into

vestigators within the government institution

crime in the field of environmental protec-

in charge of environmental protection andtion and management;

management affairs shall beauthorized toact

h. discontinue investigation;

BusinessNews 7936/3-29-2010

i.enter ........

26A

L enter certain places, take photograph and/(2) Further provision on the integrated lawenforcement shall be regulated by legislation.

or make audio visual remrds;
j. raidbody,dothing, room and/or other places

Part Two

where crime is allegedly mmmitted; and/or

Verification

k. catch and detain criminals.

Artide96(3) In executing the catching and detention as re-legitimate evidences in lawsuit against en-

ferred to in paragraph (2) letter k, civil ser-vironmental crime shall consist of:vant investigators shall moperate with invesa. testimonies from witnesses;
tigators of the Police of the Republic of Indo-nesia.

b. testimonies from specialists;
c. letters;(4) In the case of civil servant investigators inves-d. directives;

tigating, the civil servant investigators shall in-.e. information from defendant; and/or

fonn investigators of the Police of the Republicf.

of iNdonesia and the investigators of the Police

other evidences, including evidences regulated
in legislation.

of the Republic of Indonesia shall provide assisCHAPTER XVtance for facilitating the investigation.

PENALPROVIS[ON(5) Civil servant investigators shall notify the com-

Article 97

mencement of investigation to public prosecu-

Criminal act in this law shall constitutetors with a copy made available to investigators Of the Police of the Republic of Indonesia.

crime.

(6) Results of investigation already mmpleted by
Article 98
civil servant investigators shall be submitted to(1) Anybody intentionally committing action causpublic prosecutors.

ing standard quality of ambient air, water, sea
water or standard criteria for environmental

Article 95

damage to be surpassed shall be subject to lm-(1) In the framework of law enforcement against

prisonmentfor 3 (three) years the minumum andenvironmental aiminals, integrated law enforce-

10 (ten) years at the maximum and a finement may be executed by civil servant irwesti-

amounting to Rp 3,000,000,000 (three billion

gators, police and prosecutors under mordina-rupiah) at the minimum and Rpl0,000,000,OOO

tion ofthe Minia:er.

(ten billion rupiah) atthe maximum.

Business News 7936/3-29-2010(21 In.......

27A(2) In the case of the action as referred to In para-

be subject to Imprisonment for 2 (two) years

graph (1) wounding people and/or endanger-at the minimum and 6 (six) years at the maxi-

Ing human health, the said person shall be sub-mum and a fine amounting to Rp2,OOO,ooo,Oooject to Imprisonment for 4 (four) years at the(two billion rupiah) at the minimum andminimum and 12 (twelve) years at the maximum

Rp6,OOO,OOO,000 (six billion rupiah) at the maxi-

and a fine amounting to Rp4,000,000,000 (fourmum.

minimum and(3) In the case of the action as referred to in para-

Rp12,OOO,000,000 (twelve billion rupiah) at thegraph (1) causing serious injury or death tomaximum.

people, the said person shall be subject to im-billionrupiah) at the(3) In the case ofthe action as referred to in para-

prisonmentfor 3 (three) years at the minimum

graph (1) causing serious injury or death toand 9 (nine) years at the maximum and a finepeople, the said person shall be subject to im-amounting to Rp 3,000,000,000 (three billion

prisonment for 5 (five) years at the minimum

rupiah) atthe minimum and Rp 9,000,000,000

and 15 (fifteen) years at the maximum and a(nine billion rupiah) at the maximum.

fine amounting to Rp5,OOO,000,OOO (five billion
rupiah) at the minimum and Rp15,000,000,ooo
Article 100(fifteen billion rupiah) at the maximum.

(1) Anybody violating the quality standard of waste
Article 99

water, emission or nuisance shall be subject to(1) Anybody causing standard quality of ambient

imprisonment for 3 (three) years at the maxi-

air, water, sea water or standard criteria for

mum

and

a

fine

amountingtoRpenvironmental damage to be surpassed because

Rp3,000,000,000 (three billion rupiah) at theof his/her negligence shall be subject to impris-

maximum.

onmentfor,oneyear the minumum and 3 (three)(2) The penalty as referred to in paragraph (1) may

years at the maximum and a fine amounting to

only be imposed if the imposed administrative

Rp1,000,000,000(one billion rupiah) atthe mini-

sanction is not obeyed or violation is committed

mum and Rp 3,000,000,000 (three billion rupiah)

more than once.

. . . .lI1WIfflllm.
(2~1tt'l'tfe Cd1 of the action as referred to In

Artidel01

pal. . iIJftl (1) wounding people and/or en-

Anybody releasing and/or distributing ge-

dat... Il'ghuman health, the said person shallnetically engineered products to environmental

media......

28A
media that contravenes legislation or environmen-

to in Article 60, shall be subject to imprisonment

tal permit as referred to in Article 69 paragraphfor 3 (three) years at the maximum and a fine(1) letter g, shall be subject to imprisonment for

amounting to Rp3,OOO,OOO,ooo (three billion) at the

one year at the minimum and 3 (three) years at

maximum.

the maximum and a fine amounting to
Rpl,OOO,OOO,ooO (one billion rupiah) at the minimum and Rp3,000,000,000 (three billion) at the

Article 105
Anybody importing waste into the territoryof the Republic of Indonesia as referred to in Ar-

I1liIllimum.

ticle 69 paragraph (1) letter c shall be subject toArtidel02

imprisonment for 4 (four) years at the minimum andAnybody treating 83 waste witllout the per-

12 (twelve) years at the maximum and a fine

mit as referred to in Article 59 paragraph (4), shallamounting to Rp4,OOO,OOO,OOO (four billion rupiah)

be subject to imprisonment for one year at the mini-at the minimum and Rp12,OOO,000,000 (twelve bil-

mum and 3 (three) years at the maximum and alion rupiah) at the maximum.

fine amounting to Rpl,OOO,OOO,OOO (one billion rupiah) at the minimum and Rp3,000,000,OOO (threebillion) atthe maximum.

Article 106
Anybody importing B3 waste into the territory of the Republic of Indonesia as referred to in

Article 103

Article 69 paragraph (1) letter d, shall be subject

Anybody producing B3 waste and not con-

to imprisonmentfor 5 (five) years at the minimum

ducting the treatment as referred to in Article 59,

and 15 (fifteen) years at the maximum and a fineshall be subject to imprisonment for one year at

amounting to Rp5,000,000,000 (five billion rupiah)

the minimum and 3 (three) years at the maximum

at the minimum and Rp15,OOO,000,000(fifteen bil·

and a fine amounting to Rpl,OOO,OOO,OOO {one bil-lion rupiah) at the maximum.

lion rupiah} at the minimum and Rp3,OOO,OOO,OOO(three billion) at the maximum.

Article 107
Anybody importing 83 which are forbidden

Article 104

by legislation into the territory of the Republic ofAnybody dumping wate and/or materials

Indonesia as referred to in Article 69 paragraph (1)into environmental media with the permitas referred

letter b, shall besubjet.t to Imprisonment for 5 (five)Business News 7936/3-29-2010years..",,,,

29A
years at the minimum and 15 (fifteen) years at the(three) years at the maximum and a fine amount-maximum and a fine amounting to Rp5,000,OOO,000

ing to Rp3,000,000,000 (three billion) at the maxi-(five billion rupiah) at the minimum andmum.

Rp15,000,000,000 (fifteen billion rupiah) at the

maximum.

Article 111(l)Officials iSSUing environmental permitthat isArtide 108

sue enviromental permit without amdal or UKL-

Anybody commiting the land burning as re-

UPL as referred to in Article 37 paragraph (1)ferred to in Article 69 paragraph (1) letter h, shall

shall be subject to imprisonment for 3 (three)

be subject to imprisonment for 3 (three) years at

years at the maximum and a fine amounting

the minimum and 10 (ten) years at the maximum

to Rp3,000,000,000 (three billion) at the maxi-

and a fine amounting to Rp 3,000,000,000 (threemum.

billion rupiah) at the minimum and Rpl0,OOO,OOO,OOO(ten billion rupiah) at the maximum.

(2) Officials issuing business and/or activity permit
that issue business and/or activity permit without the environmental permit as referred to in

Article 109

Article 40 paragraph (1) shall be subject to im-

Anybody running business and/or activity

prisonment for 3 (three) years at the maximum

without the environmental permit as referred to in

and a fine amounting to Rp3,OOO,000,000 (three

Article 36 paragraph (1), shall be subject to impris-billion) at the maximum.

onmentfor one year at the minimum and 3 (three)
years at the maximum and a fine amounting to

Article 112

Rpl,OOO,OOO,OOO (one billion rupiah) atthe mini-

Every authorized officially not supervising

mum and Rp3,000,000,000 (three billion) at theintentionally the compliance of personnel in charge

maximum.

of businesses and/or activities to legislation andthe environmental permit as referred to in Article
Article 110

71 and Article 72, thus causing environmental pol-Anybody formulating amdal without hav-lution and/or damage that costs lives, shall be sub-ing certificate of competence of amdal formula-ject to imprisonment for one year at the maximum

tor as referred to in Article 69 paragraph (1)or a fine amounting to Rp500,000,000 (five hundred

letter i, shall be subject to imprisonment for 3

million rupiah) at the maximum.

Business News 7936/3-29-2010

Article 113

..

30A
Artide113
Anybody providing fake information, misleading information, disappearing information, damaging information or providing untrue information
which is needed for the need of supervision an.d law
enforcement with respects to environmental protection and management as referred to in Artide

the criminal offense and penalty shall be imposedon:a. the said business entity; and I or
b. person ordering the crime or person acting
as activity manager in the crime.
(2) In the case of the environmental crime as referred to in paragraph (1) being committed by

69 paragraph (1) letter j shall be subject to imprisa person acting the working scope of business
onment for one year at the minimum and a fineamounting to Rpl,OOO,OOO,OOO (one billion rupiah).

entity on the basis of working relations or otherrelations, the penalty shall be imposed on the

Artide114
Personnel in charge of businesses andlor
activities not implementing the government's co-ordering party or leader in the crime without
regarding whether the crime is committed individually or collectively.

erciveness shall be subject to imprisonment tor one
year at the maximum and a fine amounting to
Rpl,OOO,OOO,OOO (one billion rupiah) atthe maxi-

mum.

Artidel17
If criminal offense is filed to the ordering
party or leader in the crime as referred to in Artide
116 paragraph (1) letter b, the imposed penalty

Artide 115
Anybody intentionally preventing, impeding

shall be in the form of imprisonment and fineweightened by one thirds.

or aborting the execution of theasks of environmental supervisors andlor civil servant investigators shall be subject to imprisonment for one year
Artide118.
at the maximum and a fine amounting to Rp
500,000,000 (five hundred million rupiah) at theWith regards to the crime as referred to in
Artide 116 paranraph (1) letter a, penalty shall be

maximum.

imposed on business entities represented by exArtide116

ecutives aithorized to represent the business enti-(1) In the case of environmental crime being com-ties inside and outside the court in accordance withmitted by, for and on behalf of a business entity,

Business News 7936/3-29-2010

legislation as funmonal executives.

Artide119.......

31A
Artide119

activity already haVing business and/or activ-

Besides the penalty as referred to in thisity permit but not yet having amdal document

law, the business entitles shall be liable to additional

shall be obliged to complete environmental au-

penalty ot disciplinary measures in the form of:a. seizure of profits earned from the Dime;b. closure of business and/or activity place wholly

dit.
(2) In no later than 2 (two) years following the enforcement of this law, every business and/or

or partly;
activity already haVing business and/or activc. improvement of impacts of the crime;
d. requirement for worfdng what is neglected without right; and/or
e. placement of companies under custody for 3

ity permit but not yet having UKL-UPL shall beobliged to make environmental management

document.

(three) years at the maximum.
Article 122
Artide120(1) In no later than one year following the enforce-(1) In executing the provision as referred to in Ar-

ment of this law, every amdal formulator shallticle 119 letter a, letter b, letter c, and letter d,be obliged to have certificate of competence ofprosecutors shall coordinate with institution in

amdal formulator.

charge of environmental protection and managementaffairs to implement execution.
(2) In executing the provision as referred to in Article 119 letter e, the government shall be au-(2) In no later than one year following the enforcement of this law, every environmental auditor
shall be obliged to have certificate of competence of envirormental aUditor.

thorized to manage business entities subject tosanction of placement under custody to impleArtide123
ment the legally fixed court Verdict.
All permits in the field of environmental manOtAPTERXVI1RANSl11ONALPROVISlON

agement alrea(Jy issued by the Minister, governors
or regents/ mayors by virtue of their authority

Artide121

shall be integrated into environmental permit in no(1) In no later than 2 (two) years following the en-later than one year follOWing the stip'ulatlon of thisforcement of this law, every business and/or
Business News 7936/3-29-2010

laW.
CHAPIERXVJL.......

32A
otAPTERXVU

For pUblic cognizance, the law shall be pub-

CONCLUSIDN

lished by pladng it in Statute Book of the Republic

Artidel24

of Indonesia.

following the enforcement of this law, all legIslation that amstItutes th implementing regulatioos

Ratified in Jakarta

of Law Number 23 Year 1997 on Enviroomental Man-On OCtober 3, 2009

agement (Statute Book of the Republic of Indone-

TItEPRESlDENTOFTItE REPUBUCOFINDONESIA,

sia Year 1997 Number 68, Sl,Ipplement to Statutesgd.

Book of the Republlcoflndooesia Number 3699) shall

DR. H. SUSlLOBAMBANG YUDHOYONO

be declared to remain effective in 50 far as they do
Promulgated in Jakarta

not contravene or have not been replaced by the

On OCtober 3, 2009

new ones on the basis of this law.

TItEMINISJEROFLAWANDHUMANRlGHTSOFTItE
REPUIIlICOFINDONESIA,

Artide125sgd

With the enforcement of this law, Law Num-ANDI MATTAlATTA

ber 23 Year 1997 on Environmental Management(Statute Book of the Republic of Indonesia Year

STAnm:BOOKOFTItEREPUBUCOFINDON£S[A1997 Number 68, SUpplement to Statute Book of theYEAR2009 NUMBER140
Republic oflndonesia Number 3699) shall be shallbe revoked and declared null and void.

ELUCIDATIONON

Artide126
The implementing regulations mandated in

LAW OF THE REPUBUC OF INDONESIANUMBER 32 YEAR 2009
ABOUT

this law shall be stipulated in no later than one year

ENVIROMENTAL PROTECTION

as from the date of enforcement of th1slaw.

Artide127
This law shall come Into force as from thedate of promulgation.

Business News 7936/3-29-2010

AND MANAGEMENT

L GENERAL
1. The ConstItution of 1945 states that properand heillthy environm8l1tmnstilUteSa humanrlght.......

33A
right and constitutional right of every Indo-equitable quantitatively and qualitatively

nesian citizen. In relations thereto, the state,while development ac:tivities need the rising

government and all stakeholders are obliged

natural resources. Development ac:tivities also

to protect and manage the environment in thecontain risk of environmental pollution andimplementation of sustainable development sodamage. The condition may lower the carry-

thaUndonesia's environment can continue toing capability, support capability and produc-

become a source and support of life for Indo-tivity of the environment so as to become

nesian people as well as other creatures.

social burden I.

2. The Unitary State of the Republic oUndone-

In relations thereto, Indonesia's environment

sia is situated on a diagonal position between

must be protected and managed properly on

two continents and oceans with tropical cli-

the basis ofthe prinCiples of state responsi-

mate and weather as well as season result-bility, sustainability, and justice. In addition,

ing a highly valuable natural condition. In ad-environmental manegement must be able todition, Indonesia also has the second longest

contribute economic, social and cultural ben-coastal line in the world with a huge popula-efits, which is executed on the basis of thetion. Indonesia has wealth of biological diver-principles of prudence, environmental democ-

sity and abundant natural resources. The

racy, decentralization, as well as recognition

wealth needs to be protected and managed

and appreciation of local and environmental

in an environmental protection and manage-

wisdom.

ment system Which is integral and integrated~nvironmental protection arid management

between sea, land and air environment on the

demands the development of an integrated

basis of the Acrhipelago Concept.

system in form of a national environmental

Indonesia is also situation on a position ex-

protection and management policy which must

tremely vulnerable to impac:ts of climate

be executed in accordance with the principles

change. The impac:ts include the decreasing

and consequently as from the central to re-food produc:tion, affected supply of water,gion.

outbreak of pests and plant diseases as well

3. The use of natural resources must be In

as human diseases, rising sea surface, drown-line, harmonious and balanced with the en-ing isles, and extiction of blological diversity.

vironmental functions. As a consequence,

The availability of natural resources is notdeyelopment plans and lor prosrams must

Business News 7936/3-29-2010

34A
be Inspired by the obligation to preserve theimpacts, such as the production ofenvironment and realize goals of sustainablehazarduous and toxic waste potential todevelopment.

threaten the environment, health andThIs law requiresthegovemment and regionalsustalnabllity of humans and other crea-

governments to make strategic environment

tures if they are dumped into the environ-assessment (KLHS) to ascertain that the prin-mental media. Realizing it, hazarduous andciples of sustainable development have be-toxic materials along with the waste

come a basis and been integrated into the de-thereof need to be protected and man-velopment of a region and/or policies, plans

aged properly. The territory of the Unitary

and/or programs. In the other word, results

State of the Republic of Indonesia must beof KLHSmust be used as a basis for develop-

free from the disposal of waste ofment policies, plans and/or programs ofa re-hazarduous and toxic materials from out-

gion. In the case of results of KLHScertifying

side Indonesia.

that the carrying capability and support ca-

Realizing the potential of negative impacts aspability have been surpassed, the develop-

consequences of development, early mea-

ment policies, plans and/or programs must besures to control the impacts continues to be

Improved in atcordance with recommendation

developed. Environmental impact analysis

of KLHS and lill businesses and/or activities(amdal) is any of the preemptive instruments

already surpassing the carrying capability andofenvironmental management, which must be

support capability are not pennitted anymore.

strengthened continuously through the en-

4. SCience and technology have enhanced thehancement of accountability in the formula-quality of life and change human lifestyle. Thetion of amdal by requring the licensing foruse ofchemical-based produetshas increased

amdal appraisers and applying certification to

the production of waste of hazarduous andformulators of amdal documents as well as

toxic materials. It demands the development

darifylng legal saction against violators in theof a safe disposal system with minimum risk

field of amdal.

on the environment" health, and sustainability

Amdal also becomes one ofthe main require-of humans and other creatures.

ments for securing environmental permit,

Besides producing products beneficial towhich must be owned before the business li-

eommunlties, industrialization also causes

cense is obtained.

BusinessNews 7936/3-29-2010

S. Preemptive........

35A
5. Preemptive measures in the framewor1cofcon-

6. The enforcement of aiminallaw in this law in-trolling environmental impacts need to be ex-troduces minimum penalty, besides the maxi-

ecuted by utilizing maximally supervisory andmum one, expansion of evidences, offense

licensing instruments. In the case of environ-against violation of quality standard, inte-

mental pollution and damage already oocuning,gration of criminal law enforcement and regu-

it's necessary to take repressive measures inlation of corporate crime. The enforcement of

the form of enforcing law effectively, conse-

environmental criminal law continues to ob-quently and consistently for the occurring en-serve the principle of ultimum remedium re-vironmental pollution and damage.

quiring the application of crime law as the last

In relations thereto, it's necessary to develop

lender resort after the application of admin-a dear, firm and comprehensive environmen-

istration law is deemed unsuccessful. The ap-

tal protection and management law system

plication ofthe ultimum remedium principle

to assure legal certainty as a foundation for

only applies to certain formal crime, namely

the protection and management of naturaloffense against violation of the quality stan-

resources as well as other development ac-

dard of waste water, emission and nuisance.

tivities.

7. The fundamental difference between Law Num-

This law also empower provisions of law, ei-

ber 23 Year 1997 on Environmental Manage-ther administration law, civil law and criminal

ment and this law resides on the fortification

law. The prOVisions of civil law cover thecontained in this law with regards to the prin-settlement of environmental disputes outside

ciples of enmvironmental protection and man-and inside the court. The settlement of envi-

agement based on good goverance becauseronmental disputes inside the--court covers

the formulation and application of every in-class actions, litigating right of environmen-

strument to prevent environmental pollution

tal organizations or litigating right of the gov-

and/or damage and as well as mitigation andernment. The method is expected to not only

Jaw enforcement require the integration ofbring about curative effects but also gener-

aspects of transparency, participation, ac-

ate awareness of all stakeholders with regards

countability and justice.

to the urgency of environmental protection
and management for the life of the present
and future generations.

Business News 7936/3-29-2010

8. In addition, this law also governs:
a. totality ofenvironmental management substances;b. clarity ........

36A
b. clarity of central and regional authority;

9. This law authorizes extensively the Ministerc. fortification of environmental controllingto exercise the whole administration author-

measures;ity in the field of environmental protection andd. fortification of instruments preventing en-

management as well as coordinate with othervironmental pollutions and/or damage,institutions. Through this law, the government

covering instruments of strategic environ-also authorizes extensively regional govern-

mental assessment. quality standard ofthements to implement environmental protection

environment, standard criteria for envi-

and management in their respective regions,ronmental damage, amdal, environmental

which is not regulated in Law No. 23/1997 on

management and monitoring programs, li-

Environmental Management.

censing, economic instruments ofthe en-

In relation thereto, the institution having work

vironment. environment-based legislation,load on the basis of this law is not only suffi-

environmental risk analysis, and other in-cient one organization stipulating and coor-

struments in accordance with advance-

dinating the implementation of policies but anment of science and technology;

organization with portfolio stipulating, imple-

e. empowerment of licensing as a controlling
instrument;

menting, and supervising environmental protection and management policies is also

f. empowerment of ecosystem approach;needed. Apart from that. the institution is alsog. certainty in responding and anticipating

expected to have a scope of authority to su-

developments of global environment;

pervise natural resources in the interests ofh. fortification of environmental democracy

conservation. In orderto assure that thethrough information access, participation

basic tasks and functions of the institution canaccess and justice access as well as forti-

be executed, it needs adequate funding sup-fication of rights of communities in the pro-port from the state budget of revenue andtection and management of environment;

expenditure for the government and ad-i. enforcementofdvillaw, administration law

equate regional bUdget of revenue and ex-

and aiminallaw more dearly;

penditure for regional governments.

j. more effective and responsive fortificationof environmental protection and manage-

II. Article.............

ment institutions; and(To be continued)

k. fortification of authority of environmental
supervisors and dvil servant environmental investtptors.
Businescl\l4lWS 7936/3-29-2010-===( R )===-

33A

ENVIROMENTAL PROTECTION AND MANAGEMENT(Law No. 32/ 2009, dated October 3,2009)[Continued from Business News No. 7936 pages lSA-36A]

n. AR1lQ.E BYARllQ.E

means environmental utilization must regard as-pects, such as economic, social, cultural interests

ArtidelSUfficiently clear

Artide2

and protection as well as conservation of the ecosystem.

Letter dLetter a

The principle of integration means environ-

The principle of st3te responsibility means:mental protection and management are executeda. the state assures that the utilization of naturalby integrating elements or synergitlzing relatedresources would contribute optimal benefits tocomponents.

the people's welfare and the living standard of
the people, either the present generation or fu-

Letter eture generation.
b. the state assures the right of citizens to a properand healthy environment.

The principle of benefit means the whole
executed development programs and/or activities
are adjusted to potentials of natural resources andc. the state prevents the utilization of natural re-the environment for enhancing the people's wel-sources that causes environmental pollution

fare and human dignity in harmony with the envi-

and/or damage.

ronment thereof.

Letter b

Letter f

The principle of conservation and

The principle of prudence means uncertainty

sustainability means everbody bears obligation andabout impact of a business and/or activity due toresponsibility for the future generation and theirlimited mastery of science and technology is not afellow generation by taking efforts to preserve thereason for delaying measures to minimize or avoid

support capability of the ecosystem and improving

threat against environmental pollution and/or dam-the quality of the environment.

age.

Letter c

Letter g

The principle of harmony and equilibrium

BusinessNews 7940/4-9-2010

The principle of justice meansenvironmental

management.........

34A

management must reflect justice proportionally forbe observed in environmental protection and man-every citizen, either inter-region, inter-generation

agement.

or inter-gender.
Letterm
Letter h

The principle of good goverance means

The principle of ecoregion means environ-environmental protection and management aremental protection and management must regard

inspired by the principles of participation,

characteristics of local natural resources, ecosys-transparency, accountability, efficiency anmd

tem, socio culture and wisdom.

justice.

LetteriLetter n
The principle of biological diversity means

The prindple of regional autonomy means theenvironmental protection and management mustgovernment and regional governments rule andobserve integrated efforts to preserve the exist-

manage directly public administration affairs in theence, diversity and sustainability of animal natural

field of environmental protection and management

resources along with surrounding biological natural

by observing regional specialty and diversity in the

resources forming ecosystem totally.

context of the Unitary State of the Republic of Indonesia.

Letter j
The principle polluter pays means every per-

Article 3 up to Article 9sonnel in charge of business and/or actiVities pol-Sufficiently clear

luting and/or damaging the environment is obliged
to bear the cost of environmental restoration.

Article 10
Paragraph (1)Letterk

Sufficiently clear

The participatory principle means every community member is motivated to participate actively

Paragraph (2)in decision making and implementing environmental

Letter a up to Letter cprotection and management directly and indirectly.

Letter I

SUfficiently dear

Letter d
The principle of local wisdom means noble

values effective in social life of communities must
Business News 7940/4-9-2010

local wisdom in this paragraph indudes com-

munal rights recognized bV DPRD.
Letter e..........

35A
Letter e and Letter f

Letter b
The environmental impacts and/or risks

Sufficiently dear
cover:
Paragraph (3) up to Paragraph (5)Sufficiently deara. dimate change;b. damage, degradation and/or extinction of biological diversity;

Article 11 and >Article 12
Sufficiently dearCoenhancement of intensity and coverage of disaster area of flooding, landslide, drought. and/or forest and land fire;

Article 13
Paragraph (1)Control over environmental pollution and/or damage covers, among others, control over:a. water, air and sea polution; andb. ecosystem damage and damage attributed toclimate change.

Paragraph (2) and Paragraph (3)Sufficiently dear

Article 14
Sufficiently clear

d. degradation of the quality and abundance of
natural resources;
e. the rising trend of change in function of forest
area and/or land;f. the rise in the poor or threat against sustainabilityof livelihoods of a group of communities; and/or
g. rising risk of human health and safety.

Paragraph (3)SUfficiently dear

Article 16 and Article 17
Sufficiently clear

Article 15

Artide18

Paragraph (1)Paragraph (1)Area means spaxe constituting a geographic
totality along with related elements whose borders

The communities are involved through dialogue, discussion and public consultation.

and system are determined on the basis of administrative and/or functional aspects.

Paragraph (2)SUfficiently clear

Paragraph (2)Letter a
Sufficiently clear

BusinessNews 7940/4-9-2010

Article 19
SUfficiently clear

Artide 20......",

36A

Article 20component which exist or must exist and/or pollut-

ParagraDh (1)ants having content tolerable in ambient air.

Sufficiently clear
Letter e
Paragraph (2)Letter a

11le quality standard of water meansthe limit

The quality standard of emission is the tolerable1imit or content of pollutants which may beinserted into air media.

or content of creature, substance, energy or componentwhich exist or must exist and/or pollutants
having content tolerable in water.

Letter f
The quality standard of nuisance is the tolerable limit of pollutants, such as vibration, noisi-

Letter b

ness and smelt.

The quality standard of waste water is thetolerable limit or content of pollutants which may.

be inserted into water media.

Letterc
The quality standard of sea water is the limit

Letter g
Sufficiently dear

Paragraph (3) up to Paragraph (5)Sufficiently dearor content of creature, substance, energy or component which exist or must exist and/or pollutants
having content tolerable in sea water.

Artide21.

( To be continued )Letterd11le quality standard of ambient air is thelimit or content of creature, substance, energy or

BusinessNews 7940/~9-2010-===( R )===-

2A

ENVIROMENTAL PROTECTION AND MANAGEMENT(Law No. 32/ 2009, dated October 3,2009)[Continued from Business News No. 7940 pages 33A-36A]
Artide21
Paragraph (1) dan Paragraph (2)Paragraph (4) and paragraph (5)Sufficiently dear

SUfficiently dear
Artide22
Para9raph (3)Letter a

SUfficiently dear

Biomass production means models of utilization of soil resources to produce biomass.
The quality standard of soil damage for bio-

Article 23
Paragraph (1)mass production is the tolerable limit of change in

Letter a up to Letter ebasic characteristics of soil in connection with bio-

Sufficiently dearmass production.
The quality standard of soil damage for biomass production covers agriCUlture land or cultiva-

Letter f
Micro organism means products of geneti-tion land and forest.
cally engineering.
Letter b
The quality standard of coral reef damageis the tolerable limit of physical and/or biological

Letter g up to Letter i
Sufficiently dearchange in coral reef.
Paragraph (2)Letter c

Sufficiently dear

The environmental damage related to forest and/or land fire means the influence of change

Article 24

in environment, in the form of environmental damage and/or pollution related to forest and/or land

Sufficiently dearfire attributed to a business and/or activity.
Article 25
Letter d up to Letter hLetter a up to Letter eSufficiently clear

SufficienUy clear

Business News 7941-7942/4-14-2010

Letter f..

3A

Article 37 dan Article 38

Letter f
The environmental management and moni-

Sufficiently clear

toring plans are intended to avoid, minimize, mitigate and/or compensate impacts of a business and/

Article 39

or activity.

Paragraph (1)The announcement in this article constitutes

Article 26

the implemE!ntation of information transparency. The

Paragraph (1)announcement enables participation of communi-

Communities are involved in the announce-

ties, particularly communities not yet using oppor-

ment and public consultation in the framework oftunities in raising objection, hearing and others incollecting recommendations and responses.

decision making process.

Paragraph (2) up to Paragraph (4)Paragraph (2)SUfficiently clear

Article 27
The other parties are, among others, amdal
formulating institutions or consultants.

Sufficiently clear

Article 40
Paragraph (1)The business license and/or activity license
include license called in other names, such as oper-

Article 28 up to Article 3S

ating license and construction license.

SUfficiently clear
Paragraph (2)Article 36

Sufficiently clear

Paragraph (1)Sufficiently clear

Paragraph (3)The change in this paragraph is attributable

Paragraph (2)to, among others, the change in ownership, tech-

UKL-UPL recommendations are judged by

nology, addition or reduction of production capac-

a technical team of the environmental institu-

ity and/or change in location of business and/or

tion.

activity.

Paragraph (3) and paragraph (4)Article 41

Sufficiently clear

Business News 7941-7942/4-14-2010

Sufficiently clear

Article 42......

4A

Article 42

Artide43

Paragraph (1)Paragraph (1)Suffidently clear

Letter a

Balance of natural resources is a descrip·
Paragraph (2)tion of reserves of natural resource and change

Letter athereof, either in physical unit or monetary value.

Economic instrument in development planning means efforts to internalize environmental
aspects into the planning and implementation ofdevelopment and economic activities.

Letter b
Gross Domestic Product means the value ofthe whole goods and services produced by a country in a specified period.

Letter b
Environmental funding is a system andmechanism of accumulation and management ofGross Regional Domestic Product means thevalue ofthe whole goods and services produced bya region in a specified period.

funds used for financing environmental protection
and management programs. The environmental
funding results from sources, such as levies, grants
and others.

Letter c
Mechanism of inter-regional environmental
service compensation/exchange means compensation/exchange methods adopted by regional people,

Letter c
Incentive constitutes an effort to provide
monetary and/or non-monetary impetus orcommunities and/or governments as users of environmental service for providers of environmental
services.

attactiveness for everybody or government andregonal government to undertake activities bring-

Letter d

ing about positive impact to reserves of natural

Internalization of environment cost means

resources and the quality of enviromental func-

the inclusion of costs of environmental pollution and/tion.

or damage into the calculation of production cost
Disincentive constitutes the imposition ofor cost of a business and/or activity.

monetary and/or non-monetary burden or threat
on everybody or the government and regional gov-

Paragraph (2)ernments to reduce activities bringing about nega-

Letter ative impact to reserves of natural resources andGuarantee funds of environmental resto-

the quality of enviromental function.

ration mean a certain amount of funds preparedBusiness News 7941-7942/4-14-2010

by........

SAby a business and/or activity to restore the qual-

EnVironmental subsidy means facility or re-ity of damaging environment attributed to the ac-duction of burden imposed on everybody having

tiVity.

impact which has impact on the improvement ofenvironmental function.

Letter b
Mitigation funds mean a certain amount ofLetter cfunds used for mitigating environmental pollution

Environmentally sound financial system

and/or damage arising from a business and/or ac-means a system of financial institution applying re-tivity.

quirements for environmental protection and management in the financing policies and practices ofLetter c
Trustee/assistance funds mean funds resulting from sources of grants and donations in theinterest of environmental conservation.

bank and non-bank financial institution system.
EnVironmentally sound capital market means
capital market applying requirements for environmental protection and management to companies
listing shares at the capital market or liSted com-Paragraph (3)panies, such as requirements for environmental
Letter a
Procurement of environmentally soundgoods and services means the procurement priori-

audit for companies planning to sell their shares atthe capital market.

tizing to goods and services having environmentallysound label.

Letter d
Trade in license to dispose waste and/orLetter b

emission is the transaction of waste and/or emis-

Environmental tax means a levy imposed bysion quota which may be disposed into environmen-

the government and regional governments on ev-

tal media between personnel in charge of busi-

erybody utilizing natural resources, such as under-

nesses and/or activities.

ground-water intake tax, fuel tax and swalow nest
Letter etax.
Environmental levy means a levy imposed byPaymentofenvironmental service means theregional governments on everybody utilizing facili-

payment/compensation granted by users of envi-

ties prepared by the regional governments, suchronmental service to providers of environmental

as levy on waste water treatment.

service.

Business News 7941-7942/4-14-2010

Letter f ......

Article 47

Letter f

Environmental insurance means insurance
providing protection upon the occurrence of environmental pollution and/or damage.

Paragraph (1)Environmental risk analysis is a procedure,
which Is used for, among others, assessing the release and disti'ibution of genetically engineered

Letterg

produd;s.and the dean up of B3 waste.

Environmental-sound label system means

the granting of mark or labet to environmentally

Paragraplt (2)sound products.

Letter a
In this provision, risk analysis covers theLetter hSUfficiently dear

whole processes, starting from identification of danger, estimation of consequence or impact, predictlon of the unexpected impacts on both human se-

Paragraph (4)curity and health and environment.

SUfficienuy dear

Article 44
Sufficiently clear

Letter b
In this provision, risk management covers
evaluation of risks or selection of risks requiring

Article 45

management, identification of choices of risk man-Paragraph (1)agement, selection of management measures andSufficiently clear

Paragraph (2)implementation of the selected measures.

Letter c

Criteria for environmental protection andRisk communications mean an interractive

management performance cover, among others

process of exchange of information and opinions

performance to preserve conservation area andbetween individuals, groups, and institutions withdowngrade environmental pollution and/ordamage.

respects to risks.

Artide46paragraph (3)Sufficiently clear

Business News 7941-7942/4-14-2010

Sufficiently dear

Article 48......

7A
Artide48
SUfficiently dear

Letter b
Remediation is efforts to restore environmental pollution to improve the quality ofArtide49

enviroment.

Paragraph (1)Letter a
Certain highly risky businesses and/or activities are businesses and/or activities potential

to cause serious impact on human health and envi-

Letter c
Rehabilitation is restoration efforts to retum the value, function and benefit of the environ-ronment if accident and/or emergency condition

ment, including efforts to prevent land damage,occur, such as petrochemical, oil and natural gas

provide protection and improve ecosystem.

plant as well as nuclear power plant.
Environmental audit document contains:
a. information covering goal and process of audit;
b. audit finding;c. audit conclusion; andLetter d
Restoration means efforts to enable theenvironment or parts thereof to resume the original function.

d. supporting data and information.

Letter b
Sufficiently clear

Paragraph dan Paragraph (3)SUfficiently clear

Article 50 up to Article 53
Sufficiently clear

Artide54
Paragraph (1)Letter e
Sufficiently clear

Paragraph (3)Sufficiently clear

Article 55 dan Article 56
Sufficiently clear

Artide57
Paragraph (1)Sufficiently clear
Environmental preservation means efforts
Paragraph (2)Letter a

Suffidently clear

Business News 7941-7942/4-14-2010

taken to preserve the functions of the environment
and prevent human actions from downgrading theenvironment orenVironmental damage.

Letter a..... "SA

Letter a
Conservation of natural resources covers,

Letter c
SUfficiently clear

among others, conservation of water resources,
forest ecosystem, coastal and sea conservation,energy, peat land ecosystem and karst ecosystem.

Letter b
Reservation of natural resources covers

Paragraph (3)Sufficiently clear

Paragraph (4)Letter anatural resources which may be managed in a long

Mitigation of climate change is a series ofterm and a specified period in accordance with theactivities which are taken to lower green houseneed.

emission as a model-of efforts to mitigate impacts
In order to execute the reservation of natu-

of climate change.

ral resources, the government, provincial govern-

Adaptation to climate change is an efforts

ments or regental/municipal governments and in-which are taken to enhance adaptability to climate

dividuals may build:change, including climate diversity and extreme cli-

a. biological diversity park outside forest area;mate so as to reduce potential of damage attrib-b. green open area (RTH) minimaly accounting foruted to climate change, utilize opportunities arising

30% ofthe total size of island/archipelago; and/from climate change and overcome consequencesorarising from climate change.

c. planting and preserving trees outside forest
area, particularly rare plants.

Letter b and Letter cSUfficiently clear

Letter c
Sufficiently clear

Paragraph (5)SUfficiently clear

Paragraph (2)Letter a
SUfficiently clear

ArticleS8
Paragraph (1)The obligation to manage B3 constitutes ef-

Letter b

forts to reduce the possible risks on the environ-

Preservation of natural resources means

ment, such as environmental pollution and/or dam-efforts to preserve the totality and genuiness ofage, given that B3 is very potential to cause nega-

natural resources along with ecosystem thereof.

tive impacts.

Business News 7941-7942/4-14-2010

ParaaraDh (2).

9AParagraph (2)Sufficiently clear

Article 65
Paragraph (1)Sufficiently dear

Article 59
Paragraph (1)Management of 83 waste constitutes a series of activities covering the reduction, storage,
collection, transportation, utilization and/or pro-Paragraph (2)The rightto environmental information constitutes a logic consequence ofthe right to participate in environment managem¥nt on the basis ofcessing, including the hoarding of 83 waste.
the principle oftransparency. The right to environParagraph (2)Sufficiently clear

mental information will enhance the value and effectiveness of participation in environmental management, besides opening opportunities for com-Paragraph (3)Other parties mean business entities managing 83 waste and already securing license.

munities to actualize their rights to a proper andhealthy environment.
The environmental information as referred
to in this paragraph may be in the form of data,

Paragraph (4) up to Paragraph (7)Sufficiently clear

information or other information related to environmental protection and management, which is
opened for the public according to the characteris-

Article 60 dan Article 61
Sufficiently clear

tic and objectives thereof, such as environmental
impact analysis documents, reports and documentsof results of evaluation of environmental monitor-

Article 62

ing, either the monitoring of compliance or moni-

Paragraph (1)The environmental information system contains, among others, diversity of ecologic charac-

toring of change in the quality of environment andspatial plan.

ters, distribution of pepulaticn, distribution of natural resources and local wisdom.

Paragraph (3) up to Paragraph (6)Sufficiently clear

Paragraph (2)' up to Paragraph (4)Sufficiently clear

Article 66
The provision is intended to protect victims

Article 63 and Article 64

and/or the reporting parties adopting legal settle-

Sufficientlv clear

ment for environmental pollution and/or damage.

Business News 7941-7942/4-14-2010

The

.

lOA
The protection is intended to prevent act ofrevenge from the reported parties through criminal and/or civil offense by observing the indepen-

Article 70
Paragraph (1)Sufficiently clear

dence of legal judicature.
Paragraph (2)Article 67 and Article 68
Sufficiently dear

Article 69
Paragraph (1)Letter a
Sufficiently clear

Letter b
The prohibited 83 are, among others, DDT,

Letter a
Sufficiently dear

Letter b
The granting of recommendations and opinions in this provision includes in the formulation of
KLHSand amdal.

Letter c
Sufficiently dear

PCBs,and dieldrin.

Letter c
The prohibition in this provision is in excep-

Paragraph (3)Sufficiently clear

tion for the issues governed in legislation.
Article 71 dan Article 72
Letter dSufficiently clear

The prohibited in this letter includes import.
Article 73
Letter e up to 'Letter j
Sufficiently clear

Serious violation means legal violation causing serious environmental pollution and/or damage
and triggering social unrest.

Paragraph (2)The local wisdom as referred to in this provision means the burning of land with the maximum

Article 74 up to Article 79
Sufficiently clear

size two hectares per head of family to be plantedby plants belonging to local variety and surrounded

Article 80

by burning separator to prevent flame from spread-

Paragraph (1)ing to surrounding area.

Business News 7941-7942/4-14-2010

Sufficiently dear

Paragraph (2).......

llA
Paragraph (2)the realization of a pridple in the environmental law,

Letter awhich is called the principle "poUuter pays". Besides

The extremely serious threat means a con-paying compensation, the environmental polluter

dition potential to endanger safety and health of

and/or detroyer may also be charged by judge tomany people so that the settlement thereof may

undertake certain legal measures, such as order to:

not be delayed.

a. iJlsta» PI' improve waste treatment UAit_ iIIliIlthe waste meets the $l:ipuJated qlIi!lil¥ standard

Lelter b and Letter cSUfficienUy dearof the environment;b. restore the environmental functions; aJJd/GI'c. eliminate or destroy causes of environlllellll:al
Article 81 up to Artide 83

pollution and/ or destruction.

SUfficiently dear
Paragraph (2)Artide84~fficienl:!y~Paragraph (1)The provision In this parae. . . is in~to protect civil rights of parties in dispute.

ParagrillltJ(3)The imposition of coercive money on everyday of ~ne5$ in the Q:ecution of Q;I~ onItr tp

Paragraph (2).
SUfficiently dear

Paragraph (3)The provision in this paragraph is intended

undertake certain measures is in the interest ofenvironmental functions.

Paragraph (4)Sufficiently clear

to prevent the birth of different decisions about
one environmental dispute in a bid to guarantee

legal certainty.

Article 88

strict liability means plaintiff is not . - sary to prove substance ofg mistake as a basis for

Artide 85 and Article 86

paying compensation. The provision in this para-

Sufficiently deargraph constitutes lex specialis in lawsuit against
legal violation in general. Pursuant to this article,

Article 87

the amountof compensation which may be charged

Paragraph (1)with environmental poluters or destroyers may be

The provision in this paragraph constitutes

Business News 7941-7942/4-14-2010

stipulated up to certain limit.

Up to......

12A
Up to certain limit means there is an c>h1iga-

Paragraph (4)tion according to stipulation of legislation to pro-

The notification in this article does not con-vide insuranCf' for the said business and/or activ-

stitute notification about the commencement of in-

ity or the environmental funds have been available.

vestigation, but affirms the shape of coordination
between civil servant investigators and investiga-

Article 89

tors of the Indonesian Police.

SUfficiently dear
Paragraph (5) dan Paragraph (6)Artlde90

Sufficiently clear

Paragraph (1)Environmental loss is a loss arising from thepollution and/or damage of the environment which

Article 95
SUfficiently clear

does not belong to private propietary.
Certain measures constitute actions to prevent and mitigate pollution and/or damage as well
as restore environmental functions in a bid to en-

Article 96
Letter a up to Letter eSufficiently clear

sure that negative impacts on the environment
won't occur or repeat.
Letter f
Paragraph (2)Sufficiently clear

Other evidences include information disclosed, sent, received or saved electronicaly, magnetically, optically and/or the similar, and/or data,

Article 91 up to Article 93
SUfficiently clear

records, or information which is readable, visible andcan be heard that can be taken out with and/or
without assistance of a facility, written down on

ArtIcle 94

paper, non-paper physical materials, or recorded

Paragraph (1) dan Paragraph el)electronically, not limited to writings, voice or pic-

Sufficiently clear

ture, map, design, photo or the like, letter, sign, figure, symbol, or meaningful or understandable or

Paragraph (3)readable perforation.

Coordination is an action of consultation to
obtain personnel, facility and infrastructure assistance needed in the investigation.

Business News 7941-7942/4-14-2010

Article 97 up to Article 100
Sufficiently clear

Article 101

..

13A
Article 101

Criminal offense charged with executives of

Releasing genetically engineered products

business entities and legal entities for crime com-means statement of recognition to a result of reju-

mitted by business entities or legal entities is func-

venation of genetically engineered products to be-tional crime so that the penalty is imposed and sanc-come superior variety and mat be disseminated af-

tion is imposed on those having authority to theter complying with the requirements on the basis

physical executor and receiving action ofthe physi-of legislation.

cal executor.

Distribllting genetically engineering prod-

Receiving action as meant in this article

ucts means every activity or a series of activities

inclfudes approving, letting or supervising inad-in the framework of the distribution of commodities

equately actions of physical executors and/or hav-

being genetically engineered products to communi-

ing policies making the crime possible.

ties, for trading or not.
Article 119 up to Article 122
Article 102 up to Article 112

SUfficiently dear

Sufficiently dear

Artidel23
Article 113

The license in this provision is, for example,

The fake informatio as meant in this article

license to manage B3 waste, license to dispose

may be in the form of documents or verbal informa-

waste water into sea, and license to dispose wastetion not matching the actual facts or untrue infor-

water into water intake.

mation.
Artide 124 up to Article 127
Article 114 up to Article 117

Sufficiently dear

Sufficiently dear
SUPPLEMENTTOSTATUTEBOOKOF
Article 118

1HER£PUBLICOFINDON.ESIANUMBER50S9

The functional executor as referred to in thisarticle is businesss entity and legal entity.

Business News 7941-7942/4-14-2010-===( R )===-